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(영문) 수원지방법원 2017.09.14 2017고단4120

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 9, 2017, around 18:41, at the subway station D’s stairs located in Seoul, the Defendant taken the body part against his will, such as the part of the other person’s body, which may cause sexual humiliation or humiliation by means of the same method 16 times in total, from around April 3, 2017, following the victim’s name infinite finite and the victim’s name infinite finite, the Defendant used the Defendant’s mobile phone camera image shooting function to photograph the body part of the victim’s cell phone camera 6 mobile phone camera, and from that time until April 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (Attachment of a photograph to the closure of the said image);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48(1)2 and (3) of the Scrapping Criminal Act;

1. When a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the sexual crime is committed.